h1b - salary with-held

rmcnaught1018

New Member
Hi, I have just left an employer which filed my first h1b petition. They never paid me what was agreed in the H1b petition, they paid me about 25% less than agreed. I have since left and found another employer. However, the new employer is having some issues and I may have to wait a month or two on getting a transfer/new petition filed. I believe that my first employer has just revoked my H1b visa with the USCIS making me gain unlawful presence.

I am currently filing a wage claim with the California Department of Industrial Relations (formerly Department of Labor) to claim back what I am owed.

I am wondering if anyone else has been in a similar position and has stopped themselves gathering unlawful presence in the meantime by filing a complain with USCIS that the employer never met their agreement and it was not the employee's fault.

Thanks
 
If they revoked the petition, they need to give you a termination letter in writing and pay your airfare for return to home country. Include that in your wage claim as well if that is the case. Consult a good lawyer.
 
Hi,

If you have all the proper documents to prove your case you can either file a case with DOL or file a lawsuit against the company in the court. In addition to your past wages, the court will order to pay an interest since the wages were due and some penalty. Filing a case can be a long drawn process but in the end you will win provided you are telling the truth and there is nothing fishy regarding your case.

I myself have usefully sued (while on H1B) and won against one of my previous employers for not paying wages as agreed.

DL
 
If you are filing a lawsuit there will be time limit before which you will have to file the lawsuit. Check with a good lawyer.

D L
 
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